DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DP World Brisbane Pty Ltd
(AG2016/3832)

DP WORLD BRISBANE (CEPU) ENTERPRISE AGREEMENT 2016

Stevedoring industry
COMMISSIONER SIMPSON	BRISBANE, 1 AUGUST 2016

Application for approval of the DP World Brisbane (CEPU) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DP World Brisbane (CEPU) Enterprise Agreement 2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World Brisbane Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division – Queensland and Northern Territory Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of DP World Brisbane Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the DP World Brisbane (CEPU) Enterprise Agreement 2016. The agreement was proposed by the employer, DP World Brisbane Pty Ltd, and the union, CEPU. The nature of the dispute centred on whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained terms that were fair and reasonable, provided for proper mechanisms for employee representation and consultation, and included adequate protections for employees. The Commission also needed to assess whether the agreement had been negotiated in good faith.

The Commission found that the proposed agreement was fair and reasonable, as it provided for a fair balance of rights and obligations between the employer and employees. The agreement included provisions for employee representation and consultation, which were deemed adequate under the circumstances. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and met all necessary statutory requirements. Consequently, the Fair Work Commission approved the DP World Brisbane (CEPU) Enterprise Agreement 2016.

The Commission’s decision resulted in the formal approval of the enterprise agreement, which was effective from the date of the Commission's order. The agreement now serves as the governing document for the employment terms and conditions of the employees covered by the agreement.

DP World Brisbane Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established